In Children Services Cases Legal Custodians Have Parental Rights

In children services cases legal custodians have parental rights. Recently, the Ninth District Court of Appeals determined that, when a children services agency files a complaint against a legal custodian that can lead to temporary or permanent custody, the legal custodian has many of the same rights afforded to parents.
In this case, a children services agency took permanent custody of a child from her grandmother who had legal custody of the child at the time the child was removed from her care. The trial court granted the grandmother some, but not all, the protections and rights granted to parents under Ohio law. As a result, the children services agency was granted permanent custody of the child.

Daniel Gigiano's Work Got Results

Attorney Daniel F. Gigiano, as the grandmother’s Medina Juvenile Attorney and Medina Child Custody Attorney, appealed that decision on behalf of the grandmother. On appeal, the Ninth District Court of Appeals held that the grandmother in this context, as legal custodian of the child, was entitled to many of the same rights and protections given to parents under Ohio law. As a result, the permanent custody finding was reversed and the matter was sent back to juvenile court for further proceedings. Before the appeal, the child was permanently taken away from the grandmother and the rest of her family. After the appeal, the grandmother regained the right to custody of the child.

Let Daniel Gigiano Work For You In Your Appeal

The Ninth District Court of Appeals handles appeals from Medina, Summit, Wayne and Lorain Counties. Any decision issued by this court is only binding in the four county area listed above. If you are in need of a Medina Children Services Attorney in Wadsworth or an Medina Appeals Attorney in Wadsworth, contact Attorney Gigiano today at 330-336-3330.

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